worfusa2008
06-03-2015, 05:20 AM
http://dailysignal.com/2015/06/02/court-again-affirms-you-have-to-intend-a-threat-for-it-to-be-a-threat/?utm_source=facebook&utm_medium=social&utm_campaign=thffacebook
The Supreme Court’s Elonis decision is yet another welcome example of the correct way to interpret a federal criminal statute, and, more importantly, represents a significant safeguard against overcriminalization. The decision does not bar Congress from using a negligence standard (or some other standard) in this category of cases (or any others), but it makes clear that, unless Congress is quite clear as to what a statute requires the government to prove, federal courts should read those laws to demand proof of conscious wrongdoing as an element of a federal criminal offense.
The Supreme Court’s Elonis decision is yet another welcome example of the correct way to interpret a federal criminal statute, and, more importantly, represents a significant safeguard against overcriminalization. The decision does not bar Congress from using a negligence standard (or some other standard) in this category of cases (or any others), but it makes clear that, unless Congress is quite clear as to what a statute requires the government to prove, federal courts should read those laws to demand proof of conscious wrongdoing as an element of a federal criminal offense.